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May 3, 2011

Thailand Legal Basics: Insurance

Tilleke & Gibbins

Thailand has had insurance companies for over half a century, and the industry is regarded as competent and well regulated. The insurance industry was supervised and regulated by the Ministry of Commerce through the Casualty Insurance Act B.E. 2535 (A.D. 1992) and Life Insurance Act B.E. 2535 (A.D. 1992) until the recent amendments imposed by the Casualty Insurance Act (No. 2) B.E. 2551 (A.D. 2008) and Life Insurance Act (No. 2) B.E. 2551 (A.D. 2008), which transferred the supervisory and regulatory role of the Ministry of Commerce to the Ministry of Finance. These Acts permit foreign life and loss insurance companies to operate branch offices in Thailand, subject to certain conditions. Compulsory insurance in Thailand is minimal. However, compulsory third-party motor insurance was introduced through the Motor Accident Victims Protection Act B.E. 2535 (A.D. 1992). The Office of Insurance Commission, an independent government organization, was established in 2007 by the enactment of the Insurance Commission Act B.E. 2550 (A.D. 2007) to take over the responsibility of day-to-day administration from the Department of Insurance, Ministry of Commerce.

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Thailand’s Office of Insurance Commission (OIC) has issued new notifications concerning the criteria, procedures, and conditions for (1) offering insurance policies for sale through electronic channels, (2) using electronic means as part of the sale of policies, (3) issuing policies through electronic channels, and (4) paying compensation for claims through electronic channels (Notifications). The Notifications will come into effect on August 26, 2017 (180 days after publication in the Government Gazette).
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